St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-11-11

been good, except one witness, FrnnK
|, Picha, who was equally interested with
'Schiel in covering up their tracks. HIS
| testimony differed very materially from
| both that of Peterson and of Kramer.
| His story agreed with ScheiFS that they
| let the girl out of her cell because she
was keeping the prisoners awake
with her noise. He said: 81 was
! sleeping on mattress at the
time. Henry Scheil was also up stairs,
sleeping in the corridor in the front end
of the building. When she came out he
tried to quiet her down. The girl got
all right, then, and she went down
stairs"
'What did she go down stairs FORE"
''To my knowledge, she went down
for some water"
"YOu were awake, were you?"
II was awake when she was making
| a noise"
'Were you awake when she went
down stairs?"
81 was awake then, partly awake"
"Were you awake when Mr.. Peterson
came in?"
Eyes, sir; was"
'DO you know whether Scheil had
anything to do with this girl, or not?'
mo, sir; ldon't."
The attorneys had finished with Picha,
and he was about to step down when
/ Judge Cary asked:
Ibid you. as Kramer teStifies, go
down stairs with Scheil and this
wOman?"
mo, SIR"
ibid you hear any conversation in
the lower corridor between Scheil and
yourself and Kramer when this girl was
PRESENT."
sSNn ~
sit is not true, what Kramer testified,
them"
mo. sir"
The defense offered Eugene Gibber-.
ton, the sheriff'S clerk, as a witness, to
prove that the girl had previously made
statements of illicit relations with other
people, in his presence. but this teSti-
mony was objected to by Mr.. Egan, and
Judge Cory refused to admit it, taking
occasion to sit down on Mr.. Butcher very
hard. The evidence showing character
was then introduced. Rev. DIR. Pope,
pastor of the Good Shepherds church,
took the stand and testified that ScheiFS
character was unquestionably good in
his opinion.
Postmaster Simmons, of Forest Lake,
Farmer Edward HuXtable and several
other witnesses all sWOre to having
known Scheil long time, and having
believed him to be of good moral char
acter.
"a THE ARGUMENTS.
=, The attorneys arguments were brief.
Attorney Butcher said that if Mary
Zenz was insane her evidence was not
competent, and if she was sane she had
permitted these men to have inter-
course with her, and therefore it
was not rape. Attorney General
Clapp for the prosecution argued
that, although Mary Zenz was
weak-minded, she had lucid intervals,
and in such moments her evidence was
entitled to credence. She had given
her testimony clearly and cOncisely
enough when questioned directly, and
had lost her mind under excitement and
!. anger when attacked by the attorney
8 for the defense. He presented the
strong points in the evidence of the
other witnesses and said that the state
had not produced such formidable evil
dences on the preliminary examination
as they would be bound to when the
case came up for final trial before
jury, but he thought the evidence sub
mitted was sufficient to warrant the
court in binding Scheil over to the grand
Jury for further examination.
This is how Judge Cory summed the
case up in delivering his decree:
1.-The court is satisfied from the eX-
animation of this witness that she is
not person competent to testify in
court. Her mind is weak and she
seems to have little recollection of
events occurring recently, and no recOl-
lection of events occurring previously.
On her direct examination by the state
she made contradictory statements, first
claiming that he had intercourse with
her down stairs, and then saying it was
up stairs. She was not positive whether
it was this man or the man that looked
like him. She satisfied the court that
she is insane. Therefore her testimony
must be thrown out by the court as not
entitled to credence and not such evil
dence as would justify the court in hold
ing the defendant. In regard to the
other testimony, there is no testimony
on which to hold this defendant. The
only testimony would be that of Kramer
that Picha had said they had had inter-
course with her, and there is no testi-
mony that Scheil aSSented to that state
ment. That testimony is cOntradicted by
Mr.. Picha, who testified he was not
down stairs with the woman at all,
nor with Scheil. Further, the testimony
of the woman was that she consented to
the embracing of these men. She said
llc tdlhCu lllCC IL anu oiiO hiiuS nv
objections. Under the evidence i'll thi
case will discharge Mr.. Scheil.o
The released man shook hands with
his father and mother and Picha, and
they all went out together. Kramer,
whose hearing was TO have been to-day,
remained behind in custody of deputy
sheriff. The states attorney held a con-
sultation with Judge Cory, and after
ward talked with Secretary Hart for
some time. They were told by Judge
Cory that if there were no more evil
dence against the other men than
against Scheil they could not be held.
The colloquy with Secretary Hart was
as to whether warrant should be is
sued for Picha'S arrest. County AttOr-
ney Egan had a large. scowf on his
! face when, in answer to question, he
replied that Pich would not be arrested,
and that Kramer would be discharged
at once, without hearing. "We're
going to drop it right here" said he,
"What more can we do about it?''